Challenging Acts of International Organizations Before National Courts

Edited by August Reinisch

First book to focus on the increasingly important issues that arise when an international organization is challenged before a national court

Covers a wide variety of organizations, including ones that are often overlooked, such as the European Patent Organization and OPEC

Based on a comprehensive survey of the relevant case law, both at the domestic and international levels

Challenging Acts of International Organizations Before National Courts

Edited by August Reinisch

Description

As the Kadi-hype following the 2008 European Court of Justice judgment demonstrated, there are many problems associated with the judicial review of acts of international organizations. This book is the first to present a broader overview of how acts of international organizations have been challenged before national courts. It covers such diverse organizations as the United Nations, its subsidiary organs, such as the specialized international criminal courts for the former Yugoslavia and Rwanda, the European Patent Office, the European Schools, EUROCONTROL, OPEC, and INTERPOL

Building extensively on the case law of domestic courts, the chapters highlight reoccurring legal issues in light of four working hypotheses. These relate to the nature of judicial review of the acts of international organizations, its interdependence with domestic methods of incorporating international law, the conditions of a human rights-based review, and the tension between the independent functioning of an organization and guaranteeing legal protection against its acts.

This approach ensures consistency among the book's chapters, which each focus on a different organization. Its conclusion brings the different findings together and analyses them in the light of the working hypotheses. It also discusses whether attempts to secure a certain minimum level of legal protection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.

Challenging Acts of International Organizations Before National Courts

Edited by August Reinisch

Author Information

Edited by August Reinisch, Professor of International and European Law, University of Vienna, Austria

Contributors:

Catherine Brölmann, Amsterdam Center for International LawJean d'Aspremont, Amsterdam Center for International Law Peter Hilpold, University of InnsbruckRutsel Martha, International Fund for Agricultural DevelopmentCedric Ryngaert, Leuven University and Utrecht UniversityKirsten Schmalenbach, University of GrazPierre Schmitt, Leuven Centre for Global Governance StudiesAntonios Tzanakopoulos, University of GlasgowJan Wouters, Leuven Centre for Global Governance Studies and Institute for International Law Jakob Wurm, University of Vienna

Challenging Acts of International Organizations Before National Courts

Edited by August Reinisch

Reviews and Awards

"Challenging Acts of International Organizations before National Courts represents a very valuable contribution to the wider debate concerning the domestic application of international law. One the one hand, indeed, it offers a detailed overview of a judicial practice which is unknown to most international law scholars. One the other hand, it advances original and provocative thesis, which will inevitably feed doctrinal discussions." - Daniele Amoroso

"A very valuable contribution to the wider debate concerning the domestic application of international law. On the one hand, indeed, it offers a detailed overview of a judicial practice which is unknown to most international law scholars. On the other hand, it advances original and provocative theses, which will inevitably feed doctrinal discussions." - Daniele Amoroso, IYIL.